Terms of use – CA

THIS PART APPLIES TO ALL USERS OF THE PNP WEB SITE, PNP MOBILE APPLICATIONS AND OTHER SERVICES. PLEASE READ THE FOLLOWING CONDITIONS BEFORE USING PNP.

Welcome! PNP Portable North Pole™ allows you to create your own video and to share it with others. PNP Portable North Pole is owned by UGroupMedia Inc. (hereinafter “UGroupMedia”) (PNP), a Canadian corporation based in Montréal. PNP is an interactive site coupled with several applications (mobile and otherwise), from which users can create certain personalized content (for example, videos) on the theme of the traditional holidays, and purchase personalized PNP products. Each such video and element of content get created from data provided by individual users and is then sent to recipients by a link inserted in an email. For the purposes hereof, we will refer to all videos, (including Premium Videos), custom ringtones, musical works, mobile applications, interactive letters and/or telephone calls from Santa, and other forms of digital content that may be created or transferred using PNP, as “Content”, and to the website, applications and services allowing you to create Content as the “PNP Services”.

ACCOUNT

In order to buy merchandise and/or create the personalized digital content (including videos, calls, custom ringtones and music) that the PNP Services allow you to create (the “Content”), we require you to create an account, using your email address as a username. Alternatively, you may use FaceBook Connect or Google Connect to create an account. You will also be required to enter your gender, age, the email address of the recipient of the personalized Content (if any) and other information necessary to create the Content. Once logged into your account, you will be able to watch and modify multiple videos, buy PNP Content and merchandise, view your invoice and access other account information. It is your responsibility to provide, maintain and update true, accurate, current and complete information about yourself. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including but not limited to using another person’s username, password  or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify UGroupMedia by email of any unauthorized use of your username, password , other account information, or any other breach of security that you become aware of involving or relating to the PNP Services.

We do not control the content of data entered by users in our system, nor what may be done with the PNP system by users. We are under no obligation to monitor the type of content or data provided by users to our system, being however understood that once it is in our possession, we will protect personal information so provided in accordance with the privacy policies set forth herein. If you choose to send Content to certain third parties (for example a family member) (a “Recipient”), then we ask that you obtain their permission first, before providing us with his/her personal information, like his/her name, pictures and contact information.

CONDITIONS OF USE

By using the PNP Services you agree to comply with all applicable legislation as well as all terms and conditions relating to use of the PNP Services, as contained herein, including any and all modifications thereto that may be brought to your attention from time to time. We require users that are less than fourteen (14) years old to ask their parents or guardian for permission before using the PNP Services.

SECURITY OF CHILDREN IS A PRIORITY

Any element of Content (for example, a video) generated through the PNP Services may be received by a minor, depending on the address that you provide us with and request our system to send the delivery email to. Generally speaking, we ask that you use the PNP Services in a responsible manner. You understand that your personalized Content may be shared and be accessed by a child and agree to act accordingly. You are responsible for any use of the PNP Services that may infringe or otherwise violate other users’ rights.

USE OF THE PNP SERVICES AND OF THE ELEMENTS OF CONTENT GENERATED THROUGH THE PNP SERVICES

The use of the PNP Services is permitted to user under a license, for your personal use and for you to share PNP personalized Content with other users, so long as such sharing is not detrimental to UGroupMedia’s interests, or those of its business partners; in particular, you cannot resell, or distribute in consideration for any remuneration, any part or result of the PNP Services. The PNP Services are intended for entertainment purposes only. Certain products or services available through the PNP Services may require payment of a service fee or a purchase price, while others may be free.

INTELLECTUAL PROPERTY

PNP is the intellectual property of UGroupMedia. PNP Portable North Pole™ and PNP Père Noël Portable™ are trademarks of UGroupMedia. The trademarks, trade names and other marks found on or in PNP are owned by UGroupMedia, its partners or its affiliates. The license we grant you regarding the PNP Services is personal, non-transferable and non-exclusive. No part or portion of PNP may be used, copied, decompiled, transmitted, redistributed, decompiled or reverse engineered in any manner other than that which the PNP Services allow, and as provided by these terms of use. It is forbidden to use the PNP Services to send large quantities of unsolicited emails (spam) or for your advertising purposes. Nothing in these terms of use shall have the effect of transferring the ownership of any intellectual property rights to you. We do not obtain any right regarding your Submissions (as defined hereunder) which will remain your property even after submission to PNP. However, UGroupMedia owns all other intellectual property rights to the Personalized Content generated through the PNP Services, including any and all videos, calls, sound recordings, ringtones and musical works. You hereby waive any and all moral rights that you may have regarding the Submissions that may be embodied in any element of Content produced through use of the PNP Services, and grant UGroupMedia an irrevocable perpetual license to reproduce, perform, display and make available to members of the public, including by telecommunication means.

NON-COMPETE

You acknowledge that you may not use any Application to help in the development or the conception of a computer program, software or a code which is intended to offer substantially similar features to those of the PNP Services.

SUBMISSIONS

In these terms of use, the expression “Submissions” refers to any digital content such as text, messages, photographs, hyperlinks, audio files, images and other content that you may upload by using the PNP Services to create your personalized Content, including your and/or other persons’ personal information.

REMOVAL OF SUBMISSIONS

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to process or publish, to block or to remove any Submission for purposes of public or individual security should  we determine that it may violate the law or these terms of use (including the rules of conduct), or upon any judicial order, warrant or request by law enforcement and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the rules of conduct) and/or game rules, and/or protect the safety or security of any person or property. Moreover, we reserve the right to remove or refuse to process any Submissions at any time for any reason whatsoever, without however, assuming any obligation to monitor compliance of any Submissions with these terms of use.

You acknowledge that you remain solely responsible and liable concerning any and all Submissions by you and those you are responsible for. You understand and acknowledge the consequences of the display, use and publication of such submissions. We do not validate any of the Submissions or opinions that may be used by PNP, nor any recommendation or advice that may be expressed through the PNP Services or a Submission. We further expressly disclaim any responsibility regarding same. You hereby warrant and represent that you own or have (and will continue to own or have at all times during your use of the PNP Services) and all necessary rights to distribute and use the Submissions through the PNP Services. You undertake to refrain from transmitting or make available, directly or indirectly, any Submissions the content of which you are not authorized to have, copy, use or distribute, and will fully indemnify UGroupMedia against any and all damages stemming from inclusion of any Submission in any Content.

By using the PNP Services, you give us the permission to use your Submissions to create Content, to distribute it and send it to Recipients which you instruct PNP to send such content to.

PNP and UGroupMedia make no verification nor any control of the nature of Submissions. The PNP Services includes an automated filtering system, so as to prevent use of some offending or obscene language. Such system, however, is not impervious to attempts by ill-willed individuals. We request your collaboration and your honesty to use the PNP Services in a responsible manner.

RULES OF CONDUCT

The following rules of conduct apply to your use of the PNP Services. By using the PNP Services, you agree that you will not distribute any Submission that: (a) is defamatory, abusive, harassing, threatening, may be seen as mean to a child or an adult, or is an invasion of a right of privacy of another person; (b) is hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party including: (1) proprietary, intellectual property or contractual rights; (2) rights of privacy or publicity; or (3) any obligation of confidentiality. We have the right to remove any inappropriate or illegal Submission(s) and/or the video(s) containing them but cannot assume any obligation to monitor the Submissions.

Please remain vigilant. We cannot and do not warrant that other users will comply with the foregoing rules of conduct nor any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

YOU ARE AND WILL REMAIN RESPONSIBLE TO PROTECT YOUR USER NAME, YOUR PASSWORD  AND THE ADDRESS (URL) USED TO ACCESS YOUR PERSONALIZED CONTENT, AS WELL AS THE PERSONAL INFORMATION OF THE PERSON TO WHICH YOU MAY ATTEMPT TO SEND CONTENT THROUGH THE PNP SERVICES.

LINKS

Some links on the PNP Services may link to other websites. We do not endorse and are not responsible for the content on other websites and cannot be held liable for such content. Should such links be provided, they are provided as a convenience to you, and any other website linked from the PNP Services should be visited at your own risk. Such links are not monitored, checked for accuracy, appropriateness, or completeness by us. Inclusion of a link within the PNP Services does not imply a recommendation or endorsement by us for the linked website. Please refer to the terms of use and privacy policy for each website visited.

EXCLUSION AND LIMITATION OF LIABILITY

YOU USE THE PNP SERVICES AT YOUR OWN RISK AND SUCH SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT BEING LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH WE USE REASONABLE MEANS TO PROTECT ALL INFORMATION WHICH IS SUBMITTED TO US, WE CANNOT GUARANTEE THAT THE PNP SERVICES WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE PNP SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE PNP SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

ALTHOUGH WE HAVE MADE REASONABLE EFFORTS TO ENSURE THAT THE PNP SERVICES COMPLY WITH THE LAW, WE CANNOT WARRANT THAT THE PNP SERVICES COMPLY WITH ANY AND ALL APPLICABLE LAWS OR LEGISLATION IN EVERY JURISDICTION WHERE THEY MAY BE USED; EACH USER IS RESPONSIBLE TO ENSURE THAT USE OF THE PNP SERVICES DOES NOT CONTRAVENE LOCAL LAW FROM HIS/HER JURISDICTION.

REPORTING AN INFRINGEMENT

If your intellectual property rights, right to privacy or other rights have been infringed or violated by another user of the PNP Services, or an element of Content present on our site, please advise us by using this form.

A detailed description of such infringement or violation, as well as information allowing us to properly identify the person(s) having submitted the form and the reference to the unique URL of the Content at issue, are essential.

Upon viewing or obtain access to a certain element of Content, you may be provided with a “Report Abuse” button, in which case you may use this button if you consider the content at issue inappropriate so as to send a message to UGroupMedia, upon receipt of which we will make reasonable efforts to promptly remove the content at issue.

We reserve the right to consider any report as unfounded, if it fails to include any of the information required above. In all cases, UGroupMedia shall take the steps that it deems reasonably necessary under the circumstances to address the reported infringement or violation.

AMENDMENT

We reserve the right to modify, add to or remove any part of these terms of use, at any time, with or without prior notice. We ask that you review the content of this document frequently so as to confirm that there has been no changes to the terms of use of the PNP Services. Your continued use of the PNP Services after any change to this document will be deemed to signify your acceptance to such change.